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The Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004

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Interpretation of Part II

18.  In Part II of the Act, after section 18C (charities), insert the following section –

Interpretation of Part II

18D.  (1)  Subject to any duty to make reasonable adjustments, nothing in this Part is to be taken to require a person to treat a disabled person more favourably than he treats or would treat others.

(2) In this Part –

  • “benefits”, except in sections 4G to 4K, includes facilities and services;

  • “detriment”, except in section 16C(2)(b), does not include conduct of the nature referred to in section 3B (harassment);

  • “discriminate”, “discrimination” and other related expressions are to be construed in accordance with section 3A;

  • “duty to make reasonable adjustments” means a duty imposed by or under section 4A, 4B(5) or (6), 4E, 4H, 6B, 7B, 14, 14B, 14D or 16A(5);

  • “employer” includes a person who has no employees but is seeking to employ another person;

  • “harassment” is to be construed in accordance with section 3B;

  • “physical feature”, in relation to any premises, includes any of the following (whether permanent or temporary) –

    (a)

    any feature arising from the design or construction of a building on the premises,

    (b)

    any feature on the premises of any approach to, exit from or access to such a building,

    (c)

    any fixtures, fittings, furnishings, furniture, equipment or material in or on the premises,

    (d)

    any other physical element or quality of any land comprised in the premises;

  • “provision, criterion or practice” includes any arrangements..

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